Expired blank cheque
mukesh jain
(Querist) 27 August 2012
This query is : Resolved
dear sir,
i have asked you many questions in this case,step by step. Now i am writing the full case as below:-
1.I gave a blank cheque of Rs.2 lakh,name and date was not filled.in the year 2007 as security cheque to my friend.
2.This security cheque was give in lieu of advance of Rs.1 lakh advance to my uncle for a property deal in 2004,which could not be matured due to some court cases.
3.In 2012 he issued a legal notice to my uncle and mentioned my name in the notice as wittness and co-partner. His amount was returned to him and he signed full and final receipt for the same.but did not return my cheque and said that he torn it as it was very old.
4.Now he started to pressure me to give interest and damages of Rs.1 lakh but i refused to give him any amount.
5.He deposited the the same sequrity cheque in the bank and it as returned as this account was non- operative since last five years.
6.he sent me a notice,stating that i came to his house in march 2012 and asked for Rs.2 lakh cash for some emergency and he took 2 lakh cash from her mother and gave it to me that i will return the amount to him within one month and after one month i came to his house and gave him the 200000 cheque and which was dishonoured.
I replied the actual facts and said that it was sequrity,expired and blank cheque.
Now i have collected following evidence as per your advice.
A.Ink age of sequrity cheque of 5 year old(request for court)
B.only amount was filled and name and date was blank. it can be checked by FSL hydrabad or anyware.
C.He mentioned his mothers name in notice who has given the cash 2lakh. and filled his own name in the cheque.
D. i have audio evidence in which he committing that cheque was sequrity cheque and you pay 1 lakh and take your cheque, at the time of recording our metual friend was with us who is ready to witness in the court.
With the above facts please advise me further to contest the case.
thanks a lot to lawyers club india
mukesh jain
(Querist) 28 August 2012
yes, case under sec 138 has been filed,summon has been issued
Sudhir Kumar, Advocate
(Expert) 28 August 2012
Either you prove that nothing was due from you by the person for whom the cheque has been fileed or pay the money.
